Patrick Okhubedo Sarry v Laddock Makokha Khasenye [2013] KEHC 2234 (KLR)
- Court
- High Court of Kenya
- Case number
- 2234
- Citation
- [2013] KEHC 2234 (KLR)
- Decided
- 18 September 2013
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TypeLand AdjudicationPostureAppeal from a High Court judgmentCoramLADDOCK MAKOKHA KHASENYE, S. M. KIBUN
Holding
The court found that the plaintiff has not established adverse possession and thus the defendant's registration of the land as his own is upheld.
Facts
The plaintiff, Patrick Okhubedo Sarry, claims to have been in continuous possession of land parcel Bukhayo/Bukoma/1878 for over 70 years. The defendant, Laddock Makokha Khaseye, registered the land as his own.
Issues
- Whether the plaintiff has been in continuous, exclusive and uninterrupted possession of the land for more than 12 years.
- Whether the plaintiff's occupation of the land has extinguished the title of the registered owner.
- Whether the defendant registered owner holds the land in trust for the plaintiff.
- Whether the defendant should transfer the land to the plaintiff.
- Who pays costs of the suit.
Reasoning
The court ruled that the plaintiff's possession was not continuous, exclusive, and uninterrupted for more than 12 years, and therefore, the defendant's registration of the land as his own is valid.
Outcome
Affirmed
Authorities cited
Legislation (1)
- Limitation of Actions Act Cap 22 of Laws of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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